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Category Archives: Alimony

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RULES ARE RULES: SUPERIOR COURT SLAPS COUNSEL FEES ON PARTY APPEALING HIS OWN MISTAKE

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues, Prenuptial Agreements, Support

A very interesting opinion recently came down from the Pennsylvania Superior Court awarding attorney’s fees in a divorce case. This case is a non-precedential opinion, meaning it cannot be cited as establishing law on the issue, but it is emblematic of the risk one runs if you do not follow the rules. The parties, two… Continue Reading

DON’T HESITATE…ARBITRATE

Posted in Alimony, Custody, Divorce, Equitable Distribution, Support

One of the difficult aspects of taking a complex case to trial is not the subject matter, necessarily, but the Court’s ability to schedule several consecutive days of trial.  Due to case volume, the court administrators can rarely carve out two or more consecutive days of trial without significant advance notice and, often, direct instruction… Continue Reading

NO EMAIL – IS YOUR LAWYER OLD SCHOOL OR IRRESPONSIBLE

Posted in Adoption, Alimony, Custody, Divorce, Equitable Distribution, Practice Issues, Prenuptial Agreements, Protection from Abuse, Same Sex Marriage, Support

A South Carolina attorney was recently disciplined for failing to have an active email address. Despite characterizing herself as “retired” and not having a client in thirty years, the South Carolina Disciplinary Board still found that she “poses a substantial threat of serious harm to the public and to the administration of justice” for repeatedly… Continue Reading

Leslie Spoltore’s Alimony and the First Amendment

Posted in Alimony

Leslie Spoltore, a partner in our Wilmington, Delaware office, just posted a blog entry on an unusual alimony argument made on appeal to the Delaware Supreme Court.  The family court evaluated the ex-wife’s expenses when calculating alimony she would pay to her ex-husband and reduced the significant contributions she made to her church down to… Continue Reading

Cheating… will it cost you financially?

Posted in Alimony

Pursuant to 23 Pa.C.S. Section 3701, the Court may award alimony, “as it deems reasonable,” if it finds that alimony is necessary. The Court looks at 17 factors to assist it in making the determination if alimony is necessary; and, if so, the nature, amount, duration, and manner of the payment of alimony. The factors are:   … Continue Reading

Alimony?

Posted in Alimony

  I get asked this question a lot: "Is there alimony is Pennsylvania?" My response is "Yes." The next question usually is: "Will I get alimony?" or "Will I have to pay alimony?" My response depends on the case, but the simple answer is "You might." The Divorce Code at 23 Pa.C.S.A. 3701 states that… Continue Reading

Cash – Can I find some for support?

Posted in Alimony, Support

Income for purposes of support is defined by the support law at 23 Pa.C.S.A. 4302, and includes income from any source. The statute includes many types of income, such as the following:   (1) wages, salaries, bonuses, fees and commissions; (2) net income from business or dealings in property; (3) interest, rents, royalties, and dividends;… Continue Reading

A DIVORCE NEGOTIATION PRIMER

Posted in Alimony, Divorce

We are often asked whether the negotiation process in divorce is admissible in the proceeding. “If I agree to take the house at $400,000, will that bind me if we can’t close on that number and the case goes to trial?” “If we said we would take 30 months of alimony at $3,000 can I… Continue Reading

FOR LOVE OR MONEY

Posted in Alimony

As practitioners we advise clients that if they cohabit after they have been divorced they will most likely not receive alimony. 23 Pa.C.S.A. § 3706 provides that, “no Petitioner is entitled to receive an award of alimony where the Petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a… Continue Reading

A “TOP SEVEN” LIST OF MISCONCEPTIONS REGARDING PENNSYLVANIA FAMILY LAW

Posted in Alimony, Divorce, Support

The following is my "Top 7" list of "family law misconceptions" that I frequently hear from new or prospective clients.  The list is by no means exhaustive and assumes that there is no pre or post-nuptial agreement in place which might already address the issue.  Likewise, as other states have different laws and procedures, this… Continue Reading

Alimony Payments to Man Who Used To Be A Woman

Posted in Alimony

I just saw an article on CNN about a man in Seminole County, Florida who is required to pay lifetime alimony to his former spouse, a woman who now has undergone a sex change operation and is living as a man.  I’m scratching my head about this and am not sure that I have an… Continue Reading